Bill S6077-2011

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions closest to their children's home

Requires the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home.

Details

Actions

  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Memo

BILL NUMBER:S6077

TITLE OF BILL: An act to amend the correction law, in relation to requiring the department of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home

PURPOSE: Requires DOCCS to place persons in correctional facilities located in closest proximity to the primary place of residence of such person's minor child or children.

SUMMARY OF PROVISIONS: Amends section 158 of the correction law as, as added by chapter 788 of the laws of 1968, by designating the opening paragraph as subdivision 1, and adding two new subdivisions 2 and 3.

The new subdivision 2 requires the commissioner to place persons in correctional institutions or facilities located in closest proximity to where the inmate's minor child or children reside, provided such placement is appropriate and would facilitate increased contact between the person in prison inmate his/her child(ren), and is in the best interest of the child(ren).

The new subdivision 3 requires that DOCCS, in consultation with the office of probation and correctional alternatives as well as the office of children and family services, develop assessment procedures and criteria to determine whether proximity placement is in the best interest of the child(ren).

JUSTIFICATION: Over 100,000 children in New York State have at least one parent in state prison. Experts in the field of criminal justice generally agree that in the vast majority of cases, children who have a parent in prison benefit from being able to have personal contact and communication with them. Children and parents have indicated how important it is that they see each other, and research supports this. Consistent, ongoing contact reduces the strain of separation, lowers recidivism, and is the single most important factor in determining whether a family will reunify after a prison term. However, at present, a majority of individuals are being housed in facilities that are hours away from their children and families.

It is important that children maintain and increase their access to their parent(s) who are in prison. The criteria for deciding where individuals are housed, including decisions about transfers between facilities, should include proximity to children (after security, mental health, and medical needs).

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 6077 A. 8846 S E N A T E - A S S E M B L Y (PREFILED) January 4, 2012 ___________
IN SENATE -- Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction IN ASSEMBLY -- Introduced by M. of A. N. RIVERA -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to requiring the depart- ment of corrections and community supervision to place incarcerated parents at correctional institutions and facilities closest to their children's home THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 158 of the correction law, as added by chapter 788 of the laws of 1968, is designated subdivision 1 and two new subdivisions 2 and 3 are added to read as follows: 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, IN DETERMINING PLACEMENT FOR A PERSON IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE COMMISSIONER SHALL PLACE SUCH PERSON IN THE CORRECTIONAL INSTITUTION OR FACILITY WHICH IS LOCATED IN CLOSEST PROXIMITY TO THE PRIMARY PLACE OF RESIDENCE OF SUCH PERSON'S MINOR CHILD OR CHILDREN AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION TWO OF THE SOCIAL SERVICES LAW, PROVIDED THAT SUCH PLACEMENT IS SUITABLE AND APPROPRIATE AND WOULD FACILITATE INCREASED CONTACT BETWEEN SUCH PERSON AND HIS OR HER CHILD OR CHILDREN AND IS IN THE BEST INTEREST OF SUCH CHILD OR CHILDREN. 3. TO MAKE A DETERMINATION ABOUT WHETHER SUCH PLACEMENT IS IN THE BEST INTEREST OF SUCH CHILD OR CHILDREN, PROCEDURES AND CRITERIA FOR ASSESS- ING SUCH PLACEMENT SHALL BE DEVELOPED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION IN CONSULTATION WITH THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES AND THE OFFICE OF CHILDREN AND FAMILY SERVICES, IF SUCH PERSON HAS MORE THAN ONE CHILD, THE DEPARTMENT SHALL MAKE A SEPARATE DETERMINATION FOR EACH INDIVIDUAL CHILD.
S 2. This act shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.

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